Can I appeal a sentence that is within the statutory range?

Yes, you can appeal a sentence that is within the statutory range in California. A statutory range is simply the highest and lowest amount of time an offender might serve for a given crime, as determined by the California Penal Code. The statutory range provides the judge with some authority to modify a sentence within certain parameters. However, an individual can still file an appeal even when the sentencing court’s decision is within the statutory range. In California, defendants can appeal their sentence in a few situations. If a sentence is not in compliance with the law or the sentencing guidelines, then the defendant may be able to get relief by appealing the sentence. Additionally, if the judge has treated two similar offenses differently, then the defendant may be able to appeal. When appealing a sentence, the defendant may ask the court to either reduce their sentence, vacate the sentence and impose a new one, or simply modify the original sentence. Generally, appellate courts will only vacate sentences or modify them if the sentence was clearly unreasonable and unjust. If a defendant wishes to appeal their sentence, they must consider the timing, as most appeals—especially appeals of sentence—must be filed within a certain window of time. Moreover, individuals should also be aware that appealing a sentence can be an expensive and lengthy process, so it should be done only as a last resort.

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